People v. Cholmondeley

Appellate Division of the Supreme Court of New York

People v. Cholmondeley

39 A.D.2d 947, 333 N.Y.S.2d 124, 1972 N.Y. App. Div. LEXIS 4367

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 12, 1972

StatusPublished

This text of 39 A.D.2d 947 (People v. Cholmondeley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cholmondeley, 39 A.D.2d 947, 333 N.Y.S.2d 124, 1972 N.Y. App. Div. LEXIS 4367 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered in the first above-entitled matter June 11, 1970 on resentence upon a 1960 conviction of rape in the first degree, burglary in the third degree and robbery in the third degree, upon a plea of guilty, resentencing him to 10 to 20 years on the rape charge, and 5 to 10 years on each of the charges of burglary and robbery, the latter two to run concurrently with each other, but consecutively to the rape charge, nunc pro tunc as of June 29, 1960; and appeals by relator from a judgment of the same court, dated June 11, 1970 and made in the second above matter, a habeas corpus proceeding, which dismissed the writ. Judgment in the habeas corpus proceeding affirmed, without costs. No opinion. Judgment of resentenee modified, in the exercise of discretion, by directing that all the sentences be concurrent instead of consecutive in part. As so modified, said judgment affirmed. In our opinion, the resentence to the original terms was excessive to the extent indicated. Any further reduction of sentence is an issue more properly addressed to the consideration of the Parole Board. Rabin, P. J., Hopkins, Munder, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered in the first above-entitled matter June 11, 1970 on resentence upon a 1960 conviction of rape in the first degree, burglary in the third degree and robbery in the third degree, upon a plea of guilty, resentencing him to 10 to 20 years on the rape charge, and 5 to 10 years on each of the charges of burglary and robbery, the latter two to run concurrently with each other, but consecutively to the rape charge, nunc pro tunc as of June 29, 1960; and appeals by relator from a judgment of the same court, dated June 11, 1970 and made in the second above matter, a habeas corpus proceeding, which dismissed the writ. Judgment in the habeas corpus proceeding affirmed, without costs. No opinion. Judgment of resentenee modified, in the exercise of discretion, by directing that all the sentences be concurrent instead of consecutive in part. As so modified, said judgment affirmed. In our opinion, the resentence to the original terms was excessive to the extent indicated. Any further reduction of sentence is an issue more properly addressed to the consideration of the Parole Board. Rabin, P. J., Hopkins, Munder, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 947, 333 N.Y.S.2d 124, 1972 N.Y. App. Div. LEXIS 4367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cholmondeley-nyappdiv-1972.